| Gist v Con Ed |
| 2010 NY Slip Op 50155(U) [26 Misc 3d 136(A)] |
| Decided on January 29, 2010 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (George
J. Silver, J.), entered August 13, 2008. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed without costs.
Plaintiff commenced this small claims action to recover for damage to her vehicle allegedly caused by defendant's negligence. After a nonjury trial, the Civil Court dismissed the action. A review of the record on appeal indicates that there is support for the court's finding that it was plaintiff's actions or failure to act that caused the damage to her vehicle.
In view of the foregoing, we find that substantial justice has been done between the parties according to the rules and principles of substantive law (CCA 1804, 1807). Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: January 29, 2010